HB0152

HOUSE BILL 152

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Patricio Ruiloba

AN ACT

RELATING TO EDUCATION; REQUIRING A STUDENT IN FOSTER CARE TO CONTINUE BEING ENROLLED IN THE STUDENT'S SCHOOL OF ORIGIN; CLARIFYING THE DUTIES OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT, THE PUBLIC EDUCATION DEPARTMENT, SCHOOL DISTRICTS AND CHARTER SCHOOLS WHEN SERVING STUDENTS IN FOSTER CARE OR STUDENTS INVOLVED IN THE JUVENILE JUSTICE SYSTEM; REQUIRING POINTS OF CONTACT AND EDUCATIONAL DECISION MAKERS; PROVIDING PROCEDURES FOR DETERMINING WHETHER A STUDENT IN FOSTER CARE IS BETTER SERVED IN THE STUDENT'S SCHOOL OF ORIGIN OR ANOTHER SCHOOL; REQUIRING STUDENTS TO BE SERVED WITH NECESSARY SERVICES AND ALLOWED TO PARTICIPATE IN EXTRACURRICULAR ACTIVITIES; PROVIDING FOR THE COST OF TRANSPORTATION TO THE SCHOOL OF ORIGIN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 22-13-33 NMSA 1978 (being Laws 2017, Chapter 64, Section 1) is amended to read:

"22-13-33. APPOINTING A POINT OF CONTACT PERSON FOR CERTAIN STUDENTS.--

A. As used in this section:

(1) "educational stability" means the assurance that a student in foster care remains in the student's school of origin, including preschool, unless it is determined that remaining in the school of origin is not in the student's best interest;

[(1)] (2) "foster care" means twenty-four-hour substitute care for a student placed away from the student's parents [or guardians] and for whom the children, youth and families department has placement and care responsibility, including placements in foster family homes, foster homes of relatives, group homes, emergency shelters, treatment foster homes, residential facilities, child care institutions and [preadoptive] pre-adoptive homes. For the purposes of this section, a student is in foster care regardless of whether the foster care facility is licensed and payments are made by the state, tribal or local agency for the care of the student, whether adoption subsidy payments are being made prior to the finalization of an adoption or whether there is federal matching of any payments that are made; [and

(2)] (3) "involved in the juvenile justice system" means a student who has been referred to the children, youth and families department due to allegations that the student has committed a delinquent offense and voluntary or involuntary conditions have been imposed on the student, including a student who is participating in a diversion program, is under a consent decree or time waiver, is currently supervised by the children, youth and families department, has recently entered or left a juvenile or criminal justice placement or is on supervised release or parole; and

(4) "school of origin" means the school in which a student is enrolled at the time of placement in foster care. If a student's foster care placement changes, the school of origin would then be considered the school in which the student is enrolled at the time of the placement change. School of origin for incoming kindergarten students is the school within the attendance area of the student's parent's home before placement in foster care.

B. Each school district and charter school [authorized by the department] shall designate [an individual] a person to serve as a point of contact for students in foster care and students involved in the juvenile justice system. [Charter schools authorized by school districts shall use the district's point of contact.] Multiple school districts or charter schools [authorized by the department] may share a single designated point of contact with approval from the department and from the children, youth and families department.

C. For students transferring into the school district or charter school [authorized by the department] who are involved in the juvenile justice system, the point of contact person shall be responsible for:

(1) ensuring that [a] the student is immediately enrolled regardless of whether the records normally required for enrollment are produced by the last school the student attended or by the student;

(2) ensuring that the enrolling public school communicates with the last school attended by a transferring student to obtain relevant academic and other records within two business days of the student's enrollment;

(3) ensuring that the enrolling public school performs a timely transfer of credits that the student earned in the last school attended; and

(4) collaborating with the education program staff in a juvenile or criminal justice placement and the educational decision maker appointed by the children's court to create and implement a plan for assisting the transition of a student to the school district or charter school [authorized by the department] to minimize disruption to the student's education.

D. For students transferring out of the school district or charter school [authorized by the department], the point of contact person shall be responsible for providing all records to the new school within two business days of receiving a request from the receiving public school.

E. For students in foster care, the point of contact person shall be responsible for:

(1) complying with state policies and developing school district or charter school policies in collaboration with the children, youth and families department for:

(a) best interest determinations about whether the student will remain in the school of origin;

(b) transportation policies to ensure that students receive transportation to their school of origin if it is in their best interest to remain in the school of origin; and

(2) convening or participating in best interest determination meetings in collaboration with the children, youth and families department pursuant to state policies and the school district's or charter school [authorized by the department's] policies; and

(3) ensuring that transportation occurs to the student's school of origin pursuant to the school district's or charter [school authorized by the department's] school's policies and in compliance with state policies.

F. For students in foster care and students involved in the juvenile justice system, the point of contact person shall be responsible for:

(1) ensuring that a student has equal opportunity to participate in sports and other extracurricular activities, career and technical programs or other special programs for which the student qualifies;

(2) ensuring that a student in high school receives timely and ongoing assistance and advice from counselors to improve the student's college and career readiness;

(3) ensuring that a student receives all special education services and accommodations to which the student is entitled under state and federal law;

(4) identifying school staff at each school site who can ensure that students are appropriately supported throughout their enrollment;

(5) supporting communication among the school; the children, youth and families department; the student; the student's educational decision maker appointed by the children's court; caregivers; and other supportive [individuals] persons that the student identifies to ensure that the responsibilities listed in this subsection are implemented; and

(6) ensuring that other public school staff and teachers have access to training and resources about the educational challenges and needs of system-involved youth, including trauma-informed practices and the impact of trauma on learning.

G. The children, youth and families department shall designate a foster care point of contact for each county in New Mexico. Multiple counties may share a single designated point of contact.

H. For students in foster care, the children, youth and families department point of contact person shall be responsible for:

(1) liaison between children, youth and families department foster care caseworkers and school districts or charter schools;

(2) complying with state policies and developing policies in collaboration with the school district or charter school for:

(a) best interest determinations about whether the student will remain in the school of origin;

(b) transportation policies to ensure that students receive transportation to their school of origin if it is in their best interest to remain in the school of origin; and

(3) convening or participating in best interest determination meetings in collaboration with the school district or charter school pursuant to state policies and the school district's or charter school's policies;

(4) ensuring that transportation occurs to the student's school of origin pursuant to the school district's or charter school's policies and in compliance with state policies; and

(5) supporting communication among the public school; the children, youth and families department; the student; the student's educational decision maker appointed by the children's court; caregivers; and other supportive persons that the student identifies to ensure that the responsibilities listed in this subsection are implemented.

I. The department and the children, youth and families department shall provide, in writing, a list of the points of contact, including contact information for the points of contact, to all children, youth and families, school district and charter school foster care points of contact; children, youth and families department caseworkers; local superintendents; directors of charter schools; and others requesting the list.

[G.] J. The children, youth and families department shall notify a public school when a student in the public school enters foster care or a student in foster care enrolls in a public school.

[H.] K. The student or the student's educational decision maker may notify a public school that the student is involved in the juvenile justice system to obtain support and services from the point of contact.

L. The department and the children, youth and families department shall provide training for points of contact from the children, youth and families department, school districts, charter schools, foster care caseworkers, foster parents, treatment foster care agencies and residential treatment centers on ensuring educational stability for students in foster care. Training shall be consistent with state and federal laws, including:

(1) following all requirements of federal Title 1 and regulations promulgated pursuant to that title, educational stability for students in the foster care section of the federal Every Student Succeeds Act and state laws;

(2) transparency with foster families concerning educational requirements, including:

(a) ensuring the requirements for a student to remain in the student's school of origin, unless a determination is made that it is not in the student's best interest; and

(b) the responsibilities of foster families to transport students to their school of origin; and

(3) for children, youth and families department staff, training that includes information on policies and procedures of the best interest determination process, including:

(a) how to write a best interest determination;

(b) information needed to conduct a best interest determination meeting;

(d) transportation for students who remain in their school of origin; and

(e) dispute resolution processes.

M. To ensure educational stability for a student in foster care, the children, youth and families department shall:

(1) consider school of origin as one of the top priorities when placing school-aged children in foster care; and

(2) include in the licensure for traditional foster care, treatment foster care and residential treatment the requirement that:

(a) the traditional foster care, treatment foster care and residential treatment center ensure that a student in foster care remains in the student's school of origin, unless it is determined not to be in the best interest of the student;

(b) the traditional foster care, treatment foster care and residential treatment center shall not use the cost of transportation as a determining factor for moving a student from the student's school of origin; and

(c) if a traditional foster care, treatment foster care or residential treatment center discharges a student in foster care due to school of origin, its license may be revoked.

N. The children, youth and families department and the school district or charter school shall collaborate in the student's best interest in determining school placement and to resolve any conflict concerning the school placement determination. If the children, youth and families department and the school district or charter school do not agree on the school placement best interest determination of a student in foster care, the secretaries of public education and children, youth and families and the local superintendent or the director of the charter school shall make the final determination.

O. Within five business days of the best interest determination placement decision, the children, youth and families department and the school district or charter school shall submit the documents considered in the best interest determination placement decision to the secretaries of public education and children, youth and families and the local superintendent or charter school director. The secretaries and the local superintendent or charter school director shall meet within forty-eight hours or two weekdays, whichever is later, of receiving the paperwork on the case to make a final determination. This meeting may be conducted via phone conference. If a final determination cannot be made by the secretaries and local superintendent or charter school director, the case shall be referred to children's court for a final determination.

P. The student in foster care shall remain in the student's school of origin while any disputes regarding school placement best interest determination are being resolved.

Q. The joint determination for school placement shall not delay the student's placement in the new residence. If the joint determination process cannot be completed prior to the placement in the new residence, arrangements shall be made during the dispute resolution process to allow the student to continue to attend the school of origin and be provided all educational services as well as be allowed to participate in all extracurricular activities.

R. Students with disabilities are exempt from the dispute resolution process. Students with disabilities described in the federal Individuals with Disabilities Education Act shall be provided a free appropriate public education in the least restrictive environment. For students with disabilities, the determination regarding the ability of a student to receive free appropriate public education is the exclusive decision of the student's individual education program team. Such a determination may only be challenged through the established dispute resolution mechanisms of special education law. The individual educational plan team determination or the determination reached through the special education dispute resolution process is final, and the student shall be enrolled in the school that can best provide the free appropriate public education.

S. If a best interest determination has determined that a student should remain in the school of origin but the children, youth and families department and the school district or charter school cannot reach agreement as to how to cover any additional costs of transportation, the children, youth and families department and the school district or charter school shall ensure that the student continues to be transported to the school of origin while the dispute is being resolved. The children, youth and families department and the school district or charter school are responsible for sharing any additional costs of transportation while the dispute is being resolved.

T. If the children, youth and families department and the school district or charter school do not agree on the cost of transportation for a student in foster care to remain in the student's school of origin, the secretaries of public education and children, youth and families and the local superintendent or the charter school director shall make the final determination. Within five business days of a cost of transportation dispute, the children, youth and families department and the school district or charter school shall submit the documents considered in the cost of transportation to the secretaries and the local superintendent or charter school director. The secretaries and the local superintendent or charter school director shall meet within forty-eight hours or two weekdays, whichever is later, of receiving the paperwork on the cost of transportation to make a final determination. This meeting may be conducted via phone conference. If a final determination cannot be made by the secretaries and the local superintendent or charter school director, the case may be referred to children's court for a final determination."

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